BY Benjamin ClarkSeptember 4, 2024
2 months ago
BY 
 | September 4, 2024
2 months ago

New York Judge Declines Trump’s Bid To Shift Hush Money Case

A federal judge swiftly rejected former President Donald Trump's attempt to intervene in his New York hush money criminal case on Tuesday. 

According to AP News, U.S. District Judge Alvin Hellerstein issued his ruling just hours after Trump's lawyers filed their request. The decision thwarts Trump's effort to move the case to federal court and potentially overturn his conviction following the U.S. Supreme Court's recent ruling on presidential immunity.

In his four-page ruling, Hellerstein echoed his previous denial of Trump's pretrial bid to move the case. The judge stated that the defense failed to meet the high burden of proof required for changing jurisdiction.

He also emphasized that Trump's conviction for falsifying business records involved his personal life, not official actions that the Supreme Court ruled are immune from prosecution.

Trump's Legal Team Challenges Decision And Seeks Appeal

Trump's lawyers swiftly challenged Hellerstein's decision, filing a notice of appeal late Tuesday in the 2nd U.S. Circuit Court of Appeals. Trump's campaign spokesperson, Steven Cheung, issued a statement indicating that Trump and his legal team "will continue to fight to move this Hoax into federal court where it should be put out of its misery once and for all."

The appeal comes as Trump faces sentencing in two weeks for his conviction on 34 felony counts of falsifying business records. The charges stem from a $130,000 hush money payment to porn actor Stormy Daniels, whose affair allegations threatened to disrupt Trump's 2016 presidential run.

Trump has consistently denied Daniels' claim and maintained that he did nothing wrong. His lawyers argue that the case was tainted by violations of Trump's constitutional rights and that the verdict should be invalidated in light of the Supreme Court's immunity ruling.

Judge Merchan To Rule On Key Defense Requests

Manhattan Criminal Court Judge Juan M. Merchan is expected to rule soon on two critical defense requests.

The first is Trump's call to delay his September 18 sentencing until after the November election. The second is his request for the judge to overturn his conviction and dismiss the case in the wake of the Supreme Court's ruling.

Judge Merchan has indicated that he will rule on Trump's motion to overturn the verdict by September 16. His decision to delay the sentencing is anticipated in the coming days.

Trump's legal team contends that sentencing Trump as scheduled, just two days after Merchan's expected immunity decision, would not provide enough time to consider next steps, including a possible appeal. They also argue that a September 18 sentencing, approximately seven weeks before Election Day, would constitute election interference.

Prosecutors Open To Schedule Adjustments

The Manhattan district attorney's office, which prosecuted Trump's case, has not taken a firm stance on whether to delay sentencing. Instead, they have deferred to Judge Merchan on an "appropriate post-trial schedule."

In a letter sent to Judge Merchan on Tuesday, prosecutors expressed openness to a schedule that allows "adequate time" to adjudicate Trump's motion to overturn the verdict while also sentencing him "without unreasonable delay."

The prosecutors' position suggests a willingness to find a middle ground that addresses both the legal process and the timing concerns raised by the defense.

Federal Court Intervention Rejected On Multiple Grounds

Judge Hellerstein's ruling addressed not only the jurisdictional issues but also the defense's claims of unfair treatment in the state court. He dismissed the defense's arguments about potential bias stemming from Judge Merchan's daughter being a Democratic political consultant.

Hellerstein wrote:

It would be highly improper for this Court to evaluate the issues of bias, unfairness or error in the state trial. Those are issues for the state appellate courts.

The federal judge emphasized that Trump can pursue a state appeal or seek review from the U.S. Supreme Court, whose immunity ruling limits prosecutions of ex-presidents for official acts and restricts prosecutors from using official acts as evidence of illegal unofficial actions.

Conclusion

The federal judge's swift rejection of Trump's intervention request maintains the case in state court. Trump's legal team has already filed an appeal, setting the stage for continued legal battles. Judge Merchan's upcoming rulings on sentencing delay and the motion to overturn the verdict will be crucial in determining the next steps in this high-profile case. As the September 18 sentencing date approaches, the tension between legal proceedings and political implications continues to mount, with both sides closely watching the unfolding events.

Written by: Benjamin Clark

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